Miller v. Davis

The writ of replevin by which this suit was instituted in the circuit was quashed on defendants’ motion. This order to quash was based on a determination by the trial court that the property in suit was held by the defendants by virtue of a writ of execution, and, therefore, was not subject to replevin. 3 Comp. Laws 1915, § 13084. The case is in this court on plaintiff’s writ of error.

The plaintiff herein was the defendant in a suit in justice’s -court and judgment was rendered against him. He thereupon perfected an appeal to the circuit court. After the appeal had been pending for more than…